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Interpretation Response #18-0158

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Electric Bike Technologies LLC

Individual Name: Alec Burney

Location State: PA Country: US

View the Interpretation Document

Response text:

May 2, 2019

Alec Burney
Electric Bike Technologies LLC
1021 Washington Ave.
Croydon, PA 19021

Reference No. 18-0158

Dear Mr. Burney:

This letter is in response to your December 12, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials training. Specifically, you seek confirmation of your understanding that your customers may ship lithium batteries back to your company by ground transportation without having received formal hazardous materials training.

Your understanding is correct, provided the customer is not considered a hazmat employee as defined by § 171.8.  For purposes of the HMR, "hazmat employee" means a person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials transportation safety. An individual or private citizen does not meet the definition of a hazmat employee and is not required to have hazardous materials training. However, an individual or private citizen must still comply with all applicable HMR requirements when offering hazardous materials to a commercial carrier for transportation in commerce. If the customer is considered a hazmat employee (e.g., a distributor, retailer, etc.), the person is fully subject to the training requirements in Part 172, Subpart H.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division

171.8, 172

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172 HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS